[House Report 107-316]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-316

======================================================================



 
             JAMES PEAK WILDERNESS AND PROTECTION AREA ACT

                                _______
                                

December 5, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1576]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1576) to designate the James Peak Wilderness and 
Protection Area in the Arapaho and Roosevelt National Forests 
in the State of Colorado, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``James Peak Wilderness and Protection 
Area Act''.

SEC. 2. WILDERNESS DESIGNATION.

    (a) Inclusion With Other Colorado Wilderness Areas.--Section 2(a) 
of the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 
756; 16 U.S.C. 1132 note) is amended by adding at the end the following 
new paragraph:
    ``(21) Certain lands in the Arapaho/Roosevelt National Forest which 
comprise approximately 14,000 acres, as generally depicted on a map 
entitled `Proposed James Peak Wilderness', dated September 2001, and 
which shall be known as the James Peak Wilderness.''.
    (b) Addition to the Indian Peaks Wilderness Area.--Section 3 of the 
Indian Peaks Wilderness Area and Arapaho National Recreation Area and 
the Oregon Islands Wilderness Area Act (Public Law 95-450; 92 Stat. 
1095; 16 U.S.C. 1132 note) is amended by adding at the end the 
following new subsections:
    ``(c) The approximately 2,232 acres of Federal lands in the 
Arapaho/Roosevelt National Forest generally depicted on the map 
entitled `Ranch Creek Addition to Indian Peaks Wilderness' dated 
September 2001, are hereby added to the Indian Peaks Wilderness Area.
    ``(d) The approximately 963 acres of Federal lands in the Arapaho/
Roosevelt National Forest generally depicted on the map entitled 
`Fourth of July Addition to Indian Peaks Wilderness' dated September 
2001, are hereby added to the Indian Peaks Wilderness Area.''.
    (c) Maps and Boundary Descriptions.--As soon as practicable after 
the date of the enactment of this Act, the Secretary of Agriculture 
(hereafter in this Act referred to as the ``Secretary'') shall file 
with the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a map and a 
boundary description of the area designated as wilderness by subsection 
(a) and of the area added to the Indian Peaks Wilderness Area by 
subsection (b). The maps and boundary descriptions shall have the same 
force and effect as if included in the Colorado Wilderness Act of 1993 
and the Indian Peaks Wilderness Area and Arapaho National Recreation 
Area and the Oregon Islands Wilderness Area Act, respectively, except 
that the Secretary may correct clerical and typographical errors in the 
maps and boundary descriptions. The maps and boundary descriptions 
shall be on file and available for public inspection in the office of 
the Chief of the Forest Service, Department of Agriculture and in the 
office of the Forest Supervisor of the Arapaho/Roosevelt National 
Forest.

SEC. 3. DESIGNATION OF JAMES PEAK PROTECTION AREA, COLORADO.

    (a) Findings and Purpose.--
          (1) Findings.--The Congress finds the following:
                  (A) The lands covered by this section include 
                important resources and values, including wildlife 
                habitat, clean water, open space, and opportunities for 
                solitude.
                  (B) These lands also include areas that are suitable 
                for recreational uses, including use of snowmobiles in 
                times of adequate snow cover as well as use of other 
                motorized and nonmotorized mechanical devices.
                  (C) These lands should be managed in a way that 
                affords permanent protection to their resources and 
                values while permitting continued recreational uses in 
                appropriate locales and subject to appropriate 
                regulations.
          (2) Purpose.--The purpose of this section is to provide for 
        management of certain lands in the Arapaho/Roosevelt National 
        Forest in a manner consistent with the 1997 Revised Land and 
        Resources Management Plan for this forest in order to protect 
        the natural qualities of these areas.
    (b) Designation.--The approximately 16,000 acres of land in the 
Arapaho/Roosevelt National Forest generally depicted on the map 
entitled ``Proposed James Peak Protection Area'', dated September 2001, 
are hereby designated as the James Peak Protection Area (hereafter in 
this Act referred to as the ``Protection Area'') .
    (c) Map and Boundary Description.--As soon as practicable after the 
date of the enactment of this Act, the Secretary shall file with the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a map and a 
boundary description of the Protection Area. The map and boundary 
description shall have the same force and effect as if included in this 
Act, except that the Secretary may correct clerical and typographical 
errors in the map and boundary description. The map and boundary 
description shall be on file and available for public inspection in the 
office of the Chief of the Forest Service, Department of Agriculture, 
and in the office of the Forest Supervisor of the Arapaho/Roosevelt 
National Forest.
    (d) Management.--
          (1) In general.--Except as otherwise provided in this 
        section, the Protection Area shall be managed and administered 
        by the Secretary in the same manner as the management area 
        prescription designations identified for these lands in the 
        1997 Revision of the Land and Resource Management Plan for the 
        Arapaho/Roosevelt National Forest and the Pawnee National 
        Grasslands. Such management and administration shall be in 
        accordance with the following:
                  (A) Grazing.--Nothing in this Act, including the 
                establishment of the Protection Area, shall affect 
                grazing on lands within or outside of the Protection 
                Area.
                  (B) Mining withdrawal.--Subject to valid existing 
                rights, all Federal land within the Protection Area and 
                all land and interests in land acquired for the 
                Protection Area by the United States are withdrawn 
                from--
                          (i) all forms of entry, appropriation, or 
                        disposal under the public land laws;
                          (ii) location, entry, and patent under the 
                        mining laws; and
                          (iii) the operation of the mineral leasing, 
                        mineral materials, and geothermal leasing laws, 
                        and all amendments thereto.
                Nothing in this subparagraph shall be construed to 
                affect discretionary authority of the Secretary under 
                other Federal laws to grant, issue, or renew rights-of-
                way or other land use authorizations consistent with 
                the other provisions of this Act.
                  (C) Motorized and mechanized travel.--
                          (i) Review and inventory.--Not later than two 
                        years after the date of the enactment of this 
                        Act, the Secretary, in consultation with 
                        interested parties, shall complete a review and 
                        inventory of all roads and trails in the 
                        Protection Area on which use was allowed on 
                        September 10, 2001, except those lands managed 
                        under the management prescription referred to 
                        in subparagraph (F). During the review and 
                        inventory, the Secretary may--
                                  (I) connect existing roads and trails 
                                in the inventoried area to other 
                                existing roads and trails in the 
                                inventoried area for the purpose of 
                                mechanized and other nonmotorized use 
                                on any lands within the Protection Area 
                                as long as there is no net gain in the 
                                total mileage of either roads or trails 
                                open for public use within the 
                                Protection Area; and
                                  (II) close or remove roads or trails 
                                within the Protection Area that the 
                                Secretary determines to be undesirable, 
                                except those roads or trails managed 
                                pursuant to paragraph (2) of this 
                                subsection or subsection (e)(3).
                          (ii) After completion of inventory.--After 
                        completion of the review and inventory required 
                        by clause (i), the Secretary shall ensure that 
                        motorized and mechanized travel within the 
                        Protection Area shall be permitted only on 
                        those roads and trails identified as open to 
                        use in the inventory or established pursuant to 
                        subparagraph (D).
                  (D) New roads and trails.--No new roads or trails 
                shall be established within the Protection Area except 
                those which the Secretary shall establish as follows:
                          (i) Roads and trails established to replace 
                        roads or trails of the same character and scope 
                        which have become nonserviceable through 
                        reasons other than neglect.
                          (ii) Nonpermanent roads as needed for 
                        hazardous fuels reduction or other control of 
                        fire, insect or disease control projects, or 
                        other management purposes.
                          (iii) Roads determined to be appropriate for 
                        reasonable access under section 4(b)(2).
                          (iv) A loop trail established pursuant to 
                        section 6.
                          (v) Construction of a trail for nonmotorized 
                        use following the corridor designated as the 
                        Continental Divide Trail.
                  (E) Timber harvesting.--No timber harvesting shall be 
                allowed within the Protection Area except to the extent 
                needed for hazardous fuels reduction or other control 
                of fire, insect or disease control projects, or 
                protection of public health or safety.
                  (F) Special interest area.--The management 
                prescription applicable to the lands described in the 
                1997 Revision of the Land and Resource Management Plan 
                as the James Peak Special Interest Area shall also be 
                applicable to all the lands in the Protection Area that 
                are bounded on the north by Rollins Pass Road, on the 
                east by the Continental Divide, and on the west by the 
                11,300 foot elevation contour as shown on the map 
                referred to in subsection (b). In addition, motorized 
                vehicle use shall not be permitted on any part of the 
                Rogers Pass trail.
          (2) Natural gas pipeline.--The Secretary shall allow for 
        maintenance of rights-of-ways and access roads located within 
        the Protection Area to the extent necessary to operate the 
        natural gas pipeline permitted under the Arapaho/Roosevelt 
        National Forest master permit numbered 4138.01 in a manner that 
        avoids negative impacts on public safety and allows for 
        compliance with Federal pipeline safety requirements. Such 
        maintenance may include vegetation management, road 
        maintenance, ground stabilization, and motorized vehicle 
        access.
          (3) Permanent federal ownership.--All right, title, and 
        interest of the United States, held on or acquired after the 
        date of the enactment of this Act, to lands within the 
        boundaries of the Protection Area shall be retained by the 
        United States.
    (e) Issues Related to Water.--
          (1) Statutory construction.--
                  (A) Nothing in this Act shall constitute or be 
                construed to constitute either an express or implied 
                reservation of any water or water rights with respect 
                to the lands within the Protection Area.
                  (B) Nothing in this Act shall affect any conditional 
                or absolute water rights in the State of Colorado 
                existing on the date of the enactment of this Act.
                  (C) Nothing in this subsection shall be construed as 
                establishing a precedent with regard to any future 
                protection area designation.
                  (D) Nothing in this Act shall be construed as 
                limiting, altering, modifying, or amending any of the 
                interstate compacts or equitable apportionment decrees 
                that apportion water among and between the State of 
                Colorado and other States.
          (2) Colorado water law.--The Secretary shall follow the 
        procedural and substantive requirements of the law of the State 
        of Colorado in order to obtain and hold any new water rights 
        with respect to the Protection Area.
          (3) Water infrastructure.--Nothing in this Act (including the 
        provisions related to establishment or management of the 
        Protection Area) shall affect, impede, interfere with, or 
        diminish the operation, existence, access, maintenance, 
        improvement, or construction of water facilities and 
        infrastructure, rights-of-way, or other water-related property, 
        interests, and uses, (including the use of motorized vehicles 
        and equipment existing or located on lands within the 
        Protection Area) on any lands except those lands managed under 
        the management prescription referred to in subsection 
        (d)(1)(F).

SEC. 4. INHOLDINGS.

  (a) State Land Board Lands.--If the Colorado State Land Board informs 
the Secretary that the Board is willing to transfer to the United 
States some or all of the lands owned by the Board located within the 
Protection Area, the Secretary shall promptly seek to reach agreement 
with the Board regarding terms and conditions for acquisition of such 
lands by the United States by purchase or exchange.
  (b) Jim Creek Inholding.--
          (1) Acquisition of lands.--The Secretary shall enter into 
        negotiations with the owner of lands located within the portion 
        of the Jim Creek drainage within the Protection Area for the 
        purpose of acquiring the lands by purchase or exchange, but the 
        United States shall not acquire such lands without the consent 
        of the owner of the lands.
          (2) Landowner rights.--Nothing in this Act shall affect any 
        rights of the owner of lands located within the Jim Creek 
        drainage within the Protection Area, including any right to 
        reasonable access to such lands by motorized or other means as 
        determined by the Forest Service and the landowner consistent 
        with applicable law and relevant and appropriate rules and 
        regulations governing such access.
  (c) Report.--
          (1) In general.--The Secretary shall submit to the Committee 
        on Resources of the House of Representatives and the Committee 
        on Energy and Natural Resources of the Senate a report 
        concerning any agreement or the status of negotiations 
        conducted pursuant to--
                  (A) subsection (a), upon conclusion of an agreement 
                for acquisition by the United States of lands referred 
                to in subsection (a), or 1 year after the date of the 
                enactment of this Act, whichever occurs first; and
                  (B) subsection (b), upon conclusion of an agreement 
                for acquisition by the United States of lands referred 
                to in subsection (b), or 1 year after the date of the 
                enactment of this Act, whichever occurs first.
          (2) Funding information.--The report required by this 
        subsection shall indicate to what extent funds are available to 
        the Secretary as of the date of the report for the acquisition 
        of the relevant lands and whether additional funds need to be 
        appropriated or otherwise made available to the Secretary for 
        such purpose.
  (d) Management of Acquisitions.--Any lands within the James Peak 
Wilderness or the Protection Area acquired by the United States after 
the date of the enactment of this Act shall be added to the James Peak 
Wilderness or the Protection Area, respectively, and managed 
accordingly.

SEC. 5. JAMES PEAK FALL RIVER TRAILHEAD.

  (a) Services and Facilities.--Following the consultation required by 
subsection (c), the Forest Supervisor of the Arapaho/Roosevelt National 
Forest in the State of Colorado (in this section referred to as the 
``Forest Supervisor'') shall establish a trailhead and corresponding 
facilities and services to regulate use of National Forest System lands 
in the vicinity of the Fall River basin south of the communities of 
Alice Township and St. Mary's Glacier in the State of Colorado. The 
facilities and services shall include the following:
          (1) Trailhead parking.
          (2) Public restroom accommodations.
          (3) Trailhead and trail maintenance.
  (b) Personnel.--The Forest Supervisor shall assign Forest Service 
personnel to provide appropriate management and oversight of the area 
described in subsection (a).
  (c) Consultation.--The Forest Supervisor shall consult with the Clear 
Creek County commissioners and with residents of Alice Township and St. 
Mary's Glacier regarding--
          (1) the appropriate location of facilities and services in 
        the area described in subsection (a); and
          (2) appropriate measures that may be needed in this area--
                  (A) to provide access by emergency or law enforcement 
                vehicles;
                  (B) for public health; and
                  (C) to address concerns regarding impeded access by 
                local residents.
  (d) Report.--After the consultation required by subsection (c), the 
Forest Supervisor shall submit to the Committee on Resources and the 
Committee on Appropriations of the House of Representatives and the 
Committee on Energy and Natural Resources and the Committee on 
Appropriations of the Senate a report regarding the amount of any 
additional funding required to implement this section.

SEC. 6. LOOP TRAIL STUDY; AUTHORIZATION.

  (a) Study.--Not later than three years after funds are first made 
available for this purpose, the Secretary, in consultation with 
interested parties, shall complete a study of the suitability and 
feasibility of establishing, consistent with the purpose set forth in 
section 3(a)(2), a loop trail for mechanized and other nonmotorized 
recreation connecting the trail designated as ``Rogers Pass'' and the 
trail designated as ``Rollins Pass Road''.
  (b) Establishment.--If the results of the study required by 
subsection (a) indicate that establishment of such a loop trail would 
be suitable and feasible, consistent with the purpose set forth in 
section 3(a)(2), the Secretary shall establish the loop trail in a 
manner consistent with that purpose.

SEC. 7. OTHER ADMINISTRATIVE PROVISIONS.

  (a) Buffer Zones.--The designation by this Act or by amendments made 
by this Act of wilderness areas and the Protection Area in the State of 
Colorado shall not create or imply the creation of protective 
perimeters or buffer zones around any wilderness area or the Protection 
Area. The fact that nonwilderness activities or uses can be seen or 
heard from within a wilderness area or Protection Area shall not, of 
itself, preclude such activities or uses up to the boundary of the 
wilderness area or the Protection Area.
  (b) Rollins Pass Road.--If requested by one or more of the Colorado 
Counties of Grand, Gilpin, and Boulder, the Secretary shall provide 
technical assistance and otherwise cooperate with respect to repairing 
the Rollins Pass road in those counties sufficiently to allow two-
wheel-drive vehicles to travel between Colorado State Highway 119 and 
U.S. Highway 40. If this road is repaired to such extent, the Secretary 
shall close the motorized roads and trails on Forest Service land 
indicated on the map entitled ``Rollins Pass Road Reopening: Attendant 
Road and Trail Closures'', dated September 2001.

SEC. 8. WILDERNESS POTENTIAL.

  (a) In General.--Nothing in this Act shall preclude or restrict the 
authority of the Secretary to evaluate the suitability of lands in the 
Protection Area for inclusion in the National Wilderness Preservation 
System or to make recommendations to Congress for such inclusion.
  (b) Evaluation of Certain Lands.--In connection with the first 
revision of the land and resources management plan for the Arapaho/
Roosevelt National Forest after the date of the enactment of this Act, 
the Secretary shall evaluate the suitability of the lands managed under 
the management prescription referred to in section 3(d)(1)(F) for 
inclusion in the National Wilderness Preservation System and make 
recommendations to Congress regarding such inclusion.

                          Purpose of the Bill

    The purpose of H.R. 1576 is to designate the James Peak 
Wilderness and Protection Area in the Arapaho and Roosevelt 
National Forests in the State of Colorado, and for other 
purposes.

                  Background and Need for Legislation

    The 13,294-foot James Peak is the predominant feature in a 
26,000-acre roadless area within the Arapaho-Roosevelt National 
Forest, just north and east of Berthoud Pass. The James Peak 
roadless area straddles the Continental Divide in four counties 
(Gilpin, Clear Creek, Boulder and Grand). The lands in Gilpin, 
Clear Creek and Boulder Counties are within the borders of 
Congressman Mark Udall's district, while the portion in Grand 
County falls in Congressman Scott McInnis' district. The area 
offers outstanding recreational opportunities for hiking, 
skiing, fishing, and backpacking, including the popular South 
Boulder Creek trail and the Continental Divide National Scenic 
Trail. It also includes the historic Rollins Pass Road that 
provides access for mechanized and motorized recreation in the 
area. James Peak is one of the highest-rated areas for 
biological diversity in the entire Arapaho National Forest, 
including unique habitat for wildlife, miles of riparian 
corridors, stands of old growth forests, and threatened and 
endangered species. The area includes a dozen spectacularly 
situated alpine lakes, including Forest Lakes, Arapaho Lakes, 
and Heart Lake.
    In the 105th Congress, former Congressman David Skaggs and 
in the 106th Congress, Congressman Mark Udall introduced bills 
seeking to designate 22,000 acres in the James Peak area as 
wilderness. Citing Grand County's repeated expressions of 
opposition to the measure, however, most members of the 
Colorado Congressional delegation were unwilling to lend their 
support to the legislation. H.R. 1576 represents a compromise 
agreement that designates wilderness and creates a ``Protection 
Area'' for other parts of James Peak.

                            Committee Action

    H.R. 1576 was introduced on April 24, 2001, by Congressman 
Mark Udall (D-CO). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Forests and Forest Health. On July 26, 2001, the Subcommittee 
held a hearing on the bill. On October 3, 2001, the Full 
Resources Committee met to consider the bill. The Subcommittee 
was discharged from further consideration of the measure by 
unanimous consent. Congressman Scott McInnis (R-CO) offered an 
amendment in the nature of a substitute to designate those 
segments of the James Peak Area in Clear Creek, Gilpin and 
Boulder Counties as wilderness (as called for in H.R. 1576 as 
introduced); designate the 18,000 acres in Grand County as a 
Protection Area, locking-in the existing management plan which 
provides substantial protections for the landscape; eliminate 
provisions in H.R. 1576 that would designate 8,000 acres within 
the Protection Area as a Wilderness Study Area; direct the U.S. 
Forest Service to reevaluate during the next revision to the 
relevant Forest Plan the wilderness suitability of those 
Protection Area lands that H.R. 1576 would designate as a 
Wilderness Study Area; withdraw the Protection Area from 
mineral and mining entry, subject to existing rights, while 
prohibiting timber harvesting except for hazardous fuels 
treatment; generally prohibiting the construction of new roads 
(with certain narrowly drawn exceptions) while protecting 
existing motorized and mechanized routes in the Protection 
Area; protect access rights to water facilities and 
infrastructure in Protection Area; and create stringent 
safeguards for implicated water rights in the Protection Area 
by requiring the Forest Service to acquire any new water rights 
under the procedural and substantive requirements of Colorado 
water law. The amendment was adopted by voice vote. The bill, 
as amended, was then ordered favorably reported to the House of 
Representatives by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides a short title for the bill, the ``James 
Peak Wilderness and Protection Area Act.''

Section 2. Wilderness designation

    Section 2 amends two existing wilderness laws, the Colorado 
Wilderness Act of 1993 (Public Law 103-77) and the Indian Peaks 
Wilderness Area and Arapaho National Recreation Act and the 
Oregon Islands Wilderness Area Act (Public Law 95-450). The 
amendments designate about 14,000 acres in Boulder, Clear 
Creek, and Gilpin Counties, Colorado, as the ``James Peak 
Wilderness'' and enlarge the Indian Peaks Wilderness by 3,195 
acres.

Section 3. Designation of the James Peak Protection Area, Colorado

    Section 3 designates about 16,000 acres of national forest 
land as the ``James Peak Protection Area''. Except as provided 
in this section, the Protection Area is to be managed in 
accordance with the relevant management prescriptions 
identified in the 1997 revision of the forest plan for the 
Arapaho/Roosevelt National Forest. The principal exceptions 
specified in the section cover four areas. First, the entire 
Protection Area is withdrawn, subject to valid existing rights, 
from all forms of appropriation or disposal under the public 
land laws as well as from location, entry, and patent under the 
mining laws and from operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. Second, the entire 
Protection Area is closed to timber harvesting except to the 
extent needed for insect or disease control projects, hazardous 
fuel reduction or other measures for control of fire, or 
protection of public health and safety. Third, the United 
States retains all right, title, and interest in lands within 
the boundaries of the Protection Area, including those held as 
of the date of enactment and those acquired thereafter. Fourth, 
the ``special interest area'' management prescriptions 
identified in the forest plan as applicable to certain lands 
are also made applicable to additional contiguous lands, as 
indicated on a referenced map of the Protection Area. Together, 
these lands add up to about 7,000 acres.
    Section 3 also includes provisions specifically related to 
use of lands within the Protection Area by motorized and 
mechanized vehicles. Subsection 3(d)(1)(C) provides for a 
review and inventory of existing roads and trails in a portion 
of the Protection Area where use was officially allowed by the 
Forest Service on September 10, 2001. Lands subject to the 
``special interest area'' management prescriptions are excluded 
from this process. The Committee intends that inthe conduct of 
this review and inventory the Forest Service should involve the public 
so that all interested groups and individuals are consulted and 
included in this process. The review and inventory are to be completed 
within two years after enactment of the bill, and during that period 
the Forest Service is authorized to connect existing roads and trails 
subject to the review and inventory to other existing roads and trails 
in the Area, so long as there is no net gain in the mileage of either 
roads or trails open to public use in the Protection Area. The purpose 
of this authorization is to enable the Forest Service to provide a more 
functional and ecologically sound but not more extensive network of 
transportation routes in this part of the Protection Area. Subsection 
3(d)(1)(C) also authorizes closure or removal of existing roads or 
trails anywhere in the Protection Area that the Forest Service 
determines to be undesirable, except as specified in subsection 3(d)(2) 
or subsection 3(e)(3). The Committee intends that roads and trails 
closed under this authority will be removed and revegetated in a way 
that assures their full rehabilitation and restricts them from further 
use. Subsection 3(d)(1)(D) prohibits the establishment of new roads or 
trails in the Protection Area, subject to certain specified exceptions, 
including an allowance for nonpermanent roads and trails that will be 
retained only for the period needed for temporary management purposes.
    Subsection 3(d)(e) deals with the relationship between the 
Protection Area and water rights. The subsection specifies that 
the bill: (1) does not constitute an express or implied 
reservation of any water or water rights with respect to lands 
in the Protection Area; (2) will not affect any existing water 
rights in Colorado; (3) will not limit, alter, modify, or amend 
any interstate compacts or equitable apportionment decrees that 
apportion water among and between Colorado and other States, 
and (4) does not constitute a precedent with respect to any 
future Protection Area designation. The subsection also 
requires the Secretary of Agriculture to follow Colorado law to 
obtain any new water rights with respect to the Protection 
Area, and explicitly states (in paragraph (3)) that the bill 
will have no effect on existing water facilities or 
infrastructure, or associated water-related property, 
interests, and uses, in the portion of the Protection Area not 
subject to the ``special interest area'' management 
prescriptions. The Committee intends that nothing in this bill 
shall affect access to and through the east and west portals of 
the Moffat Tunnel.

Section 4. Inholdings

    Section 4 addresses non-federal lands located within the 
Protection Area. It provides for acquisition of any such lands 
by the United States by purchase or exchange with the consent 
of the owner, a report to Congress concerning the status of 
negotiations toward that end, and for management of any such 
lands as part of the Protection Area upon their acquisition by 
the United States.

Section 5. James Peak Fall River Trailhead

    Section 5 directs the Forest Service to locate a new 
trailhead and appropriate attendant facilities in the Fall 
River basin area southeast of the James Peak Wilderness Area. 
The Forest Service is to consult with Clear Creek County, local 
communities and the interested public on the location and 
establishment of this trailhead. The purpose of this trailhead 
is to provide access to this region of the James Peak 
Wilderness Area while also alleviating impacts to the 
communities of Alice Township and St. Mary's Glacier from 
wilderness use and recreation.

Section 6. Loop Trail study; authorization

    Section 6 directs the Forest Service to undertake a study 
to determine if it would be both feasible and desirable to 
establish within the Protection Area a loop trail for non-
motorized recreational use that would connect the existing 
Rogers Pass trail and the existing Rollins Pass road. This 
study is to be done in consultation with interest parties, 
which the Committee intends will result in a thorough public-
involvement process. The Committee notes that neither this 
section nor the provisions for review and inventory in section 
3(d)(1)(C) presume that mechanized recreation will be permitted 
on the existing Rogers Pass trail. Instead, ultimate decisions 
regarding such use and management will be made by the Forest 
Service consistent with the 1997 forest plan and the provisions 
of the bill.

Section 7. Other administrative provisions

    Subsection 7(a) specifies that the bill's designation of 
wilderness will not result in the creation of buffer zones 
outside the boundaries of the wilderness areas. Subsection 7(b) 
provides for technical assistance with respect to repair of the 
Rollins Pass road, if requested by one or more of the affected 
Counties. The Committee intends that if the Rollins Pass road 
is reopened, the cut-offs, bypasses and detours that have been 
created by motorized and mechanized vehicles are to be closed 
so that the impacts caused by these detours are halted and the 
affected lands can recover and be restored to their natural 
character.

Section 8. Wilderness potential

    Subsection 8(a) makes clear that nothing in the bill will 
preclude or restrict the authority of the Secretary of 
Agriculture to evaluate the suitability of lands in the 
Protection Area for future wilderness designation or to make 
recommendations to Congress for such designation at any time. 
Subsection 8(b) specifies that such evaluation of the part of 
the Protection Area subject to ``special interest area'' 
management prescriptions shall be done in connection with the 
first revision of the relevant forest plan after the date of 
enactment of the bill.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill could result in a loss of offsetting 
receipts but this would amount to less than $15,000 a year.
    3. General Performance Goals and Objectives.--This bill 
does not authorize funding and therefore, clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 7, 2001.
Hon. James V. Hansen,
Committee on Resources,
House of Reprentatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1576, the James 
Peak Wilderness and Protection Area Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1576--James Peak Wilderness and Protection Area Act

    H.R. 1576 would reclassify about 33,195 acres of lands 
within the Arapaho and Roosevelt National Forests located in 
Colorado and administered by the Forest Service. CBO estimates 
that implementing H.R. 1576 would cost about $600,000 over the 
next two years. The bill could affect direct spending 
(including offsetting receipts); therefore, pay-as-you-go 
procedures would apply, but we estimate that any such effects 
would not exceed $15,000 in any year. H.R. 1576 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    H.R. 1576 would designate as wilderness about 17,195 acres 
of federal lands within the Arapaho and Roosevelt National 
Forests in Colorado. The bill also would designate 16,000 acres 
of other lands within those forests as the James Peak 
Protection Area and would authorize the Secretary of 
Agriculture to acquire nonfederal lands within that area. 
Subject to valid existing rights, the bill would withdraw 
federal lands within the proposed protection area from mining 
and mineral and geothermal leasing and development, and would 
prohibit timber harvesting within the area except under certain 
circumstances. Finally, the bill would direct the Forest 
Service to establish a new trailhead and related facilities 
near the Fall River basin in Colorado, study the feasibility of 
connecting two existing trails, and implement the results of 
that study.
    Based on information from the Forest Service, CBO estimates 
that designating the wilderness and protection areas would not 
significantly affect the agency's costs to manage those areas. 
We estimate that acquiring nonfederal lands within the proposed 
protection area would cost less than $200,000 in 2002, assuming 
the availability of appropriated funds. We also estimate that 
building the new trailhead and related facilities would cost 
$300,000 over the next two years, and that completing the 
trails feasibility study and implementing its recommendations 
would cost about $100,000 in 2002.
    Withdrawing lands within the proposed protection area from 
mining and mineral and geothermal leasing and development and 
prohibiting timber harvesting on those lands could reduce 
offsetting receipts if, under current law, the lands are 
expected to generate income from those activities. Based on 
information from the Forest Service, we estimate that any such 
forgone receipts would not exceed $15,000 a year.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

            SECTION 2 OF THE COLORADO WILDERNESS ACT OF 1993


SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.

  (a) Additions.--The following lands in the State of Colorado 
are hereby designated as wilderness and, therefore, as 
components of the National Wilderness Preservation System:
          (1) * * *

           *       *       *       *       *       *       *

          (21) Certain lands in the Arapaho/Roosevelt National 
        Forest which comprise approximately 14,000 acres, as 
        generally depicted on a map entitled ``Proposed James 
        Peak Wilderness'', dated September 2001, and which 
        shall be known as the James Peak Wilderness.

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 3 OF THE INDIAN PEAKS WILDERNESS AREA AND ARAPAHO NATIONAL 
       RECREATION AREA AND THE OREGON ISLANDS WILDERNESS AREA ACT

                      indian peaks wilderness area

  Sec. 3(a) * * *

           *       *       *       *       *       *       *

  (c) The approximately 2,232 acres of Federal lands in the 
Arapaho/Roosevelt National Forest generally depicted on the map 
entitled ``Ranch Creek Addition to Indian Peaks Wilderness'' 
dated September 2001, are hereby added to the Indian Peaks 
Wilderness Area.
  (d) The approximately 963 acres of Federal lands in the 
Arapaho/Roosevelt National Forest generally depicted on the map 
entitled ``Fourth of July Addition to Indian Peaks Wilderness'' 
dated September 2001, are hereby added to the Indian Peaks 
Wilderness Area.

                                
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